Oregon Law on Harassment / Hostile Work Environment

In Oregon employment law, harassment or hostile work environment is just a specific form of employment discrimination.

Oregon law prohibits discrimination based on certain factors, including race, gender, age, and engaging in protected activities. Employers may not discriminate in hiring, firing or the terms and conditions of employment. If people make your life miserable at work for some unlawful reason, then you have suffered a difference in the “terms and conditions” of work.

As an Oregon Employment Law Attorney, I’ve had people call and say, in effect, “My boss is always screaming at me, and he makes work Hell.”

I ask, “Does he do that just to you, or does he treat everyone that way?

If the answer is, “He’s a jerk to everyone,” then there’s no discrimination. The boss is an equal-opportunity harasser of women, men, young, old, etc. Only when there is a difference in the work environment because of a protected class or activity is there a claim.

Another call led to a lawsuit and a big settlement. A Portland woman worked in a warehouse. At first, her male co-workers teased her with, “Woman, get us coffee.” But the teasing turned to abuse that included shouting, and nasty name calling that started with “B****“ and “C***.” After months of deepening depression, she could no longer face work and quit.

When an employer knows of harassment, it has a legal duty to take immediate and appropriate corrective action. A worker who suffers in silence might have no right to sue if the employer never knew about it.

We alleged that the employer “constructively discharged” my client because she had given the employer chances to correct the bad behavior of her co-workers, but the abuse continued.

If you feel you are suffering from unlawful harassment, don’t quit yet. Call me first to make sure you have done your part to trigger the legal obligation of the employer to take care of you.